The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-02

e1o wi ~. va
case OF TIE State VS. d. P. Haddeo,
president Of the Taxing District, filed
yesterday plea In abatement. Two
coursea were open 10 the defenss-
either to take the scion II did or to
enter plea Of not guilty. The former
was adopted, for the reason that II Mr..
Hidden should plead not guilty he
would be estopped from making an In.
vestigation a. to the methodsby which
the indictment was procured. II is his
desire that there should bea complete
exposure Of the motives which have
romptsd the assault upon himself
and his fellow officials Of the Taxing
District, now under indictment, and
In order TO secure this his only course
was TO procstd rs he has done.
II the court should refuse to
consider the ples, Mr.. Ha1den
will be ready to plead to the indict.
ment. The filing Of this plea in
abatement Is matter worthy the
consideration Of the citizens, for It
calls attention to the fact that the law
has provided q method whereby the
citizen msy DO protected from perse-
cution by grand jury. Ia tina. body
is lodged the libsrty Of the citizen.
The grand jury Is the most potent
factor In the preservation not Only Of
the peace and good order OF sotie,y,
but also Of the safety Of the indl.
vidual from the prosecutions OF the
malicious. II has a dual duty--it
must prosecute and II must protect
aud one function 10 as important
m The other. The very fact that IL o
law requires Its deliberations and in.
vest'gatioEs TO be secret implies that
tho good name OF the individual citi.
ssh must not be regarded lightly, and
that no tain. Of su,plclon must be- put
upon him until men sworn to secresy
shalt have determined, soberly and
without pref adice, tina, there IL justifi.
cation for his trial at the bar Of . pub.
Ito court. But &C Il 10 not inc ,nceiys-
bic that malice may invade the ssucl-
uary Of the grand jury itself. the
Law provides that before q dsfen dant
shall be called upon to plead to an
indictment he may, under certain
circumstances and conditions, inq uirs
whether or not the grand Jury has
been sctuaied solely by . ssnse OF
public duty. To meet this erigensy
the plea 10 abatement 10 authoriE I'd,
To chow how necessary II Ia that 9
grand Jury shall be above suspicion
add he effect upon the public mind
Of the actions Of tina, body, we ma,
oi'e the following paragraph from d.,
81. Louis Republican Of Sunday:
TINS indictment Of the model mu
sislph ssverna.st Of Memphis destroys IN,
last huee ~ invsntlns . systsm prsofass aims
ff-.t. Tbs president aud ether On ,ers o
tho ke.phls Tsnias District have been pu
fsrvsrd - p.biie spirited oititsns. servin,
the eity dislatsrestediy In lie poverty. ~, ,
sxsst Jury tads that the mani oipai troa,sr
u tiis.t0o the wass Tor them.
Every god clthsn OF Memphis viii
recent this construction Of the indict
uent. Here We have 40 HONORABLE,
men a. ever served q community helt
up abroad as scoundrels who have
bsen. like McGarigle In Chicago or tn,
New York aldermen, hlehing from
the public treasury for their pri vat
gain. The Republican Ia no. to b,
blamed. II has taken the fact that ,
grand jury had indicted number q
public ioials 10 mean that the lner
indicted were rsscsls worthy 10 b,
held up 10 public scofn. II has a.
sumed tina. q grand jury would no
have put this brand Of ignominy upoI
men 10 hIsh in station unless those mel
bad bsen guilty Of crime 90 seriou
aud 90 clearly inimicsl to the welIsr,
a sooleiy that there could be no quss
don ne 10 the proprie,y Of the indici
nenL IL has assumed, also, tha,
grand jury of fellow oi'iEsns woul,
not have done this thing al a tim
when the city was developing. plum
ing itself upon lie advantages an,
endeavoring 10 attract 10 itself iorelgl
capital and enterprise, had the jury no
reason 10 believe the putting Of thi
stigma upon the whole community b
hsvs been iustf,d by very srav
ollsuscs that admitted Of no rsllistlou
and theee are the assumptions the
will be made by the people Of sl
other communities who do no, L 10,
what the facts are or what may DO ,h
trsct nature Of the crime charged
We ars thus shown how evil may b
the cons, queuoes Of a grand jury
reckl,ssness.
The people Of Memphis can no,
very readily see why Mr.. Haddel
should, before pleading 10 the inaici
menl as drawn, end,svor TO ascertain
whether o. not the indictment Ia
been suggested by msl,ce or the Iesul
Of indus irnienee from any quarter
Hence his plea n abatement.